Allowed

Santosh Kumar Pradhan @ Likun @ Santosh Pradhan v. State of Odisha

Orissa HC12 Aug 2022BLAPL/5957/2022

Case brief

AI extract

What is this about?

In this bail application under section 439 Cr.P.C., regarding offences under IPC 363, 376(2)(n), 506, IT Act 66-E and POCSO Act 6, the Hon'ble High Court of Orissa at Cuttack allowed bail after finding it a fit case considering the period of detention and prior bail history.

What did the court decide?

Petitioner released on bail by furnishing sureties and complying with conditions to appear before trial court.

Santosh Kumar Pradhan @ Likun @ Santosh Pradhan… — Child Sexual Offences (POCSO) | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.5957 of 2022

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Santosh Kumar Pradhan @ …. Petitioner Likun @ Santosh Pradhan

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Ms. Aditi Hota, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Mr. Debasis Biswal, Addl. Standing Counsel

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Order No.

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CORAM:
JUSTICE S.K. SAHOO
ORDER
12.08.2022
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.

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This is an application under section 439 Cr.P.C. in connection with Colliery P.S. Case No.354 of 2020 corresponding to Special (POCSO) Case No.64 of 2020 pending in the file of learned Additional Sessions Judge -cum- Special Court under POCSO Act, Angul for alleged commission of offences under sections 363/376(2)(n)/506 of the Indian Penal Code, section 66-E of the Information Technology Act and section 6 of the POCSO Act.

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The prayer for bail of the petitioner has been

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rejected by the learned Additional Sessions Judge -cum- Special Court under POCSO Act, Angul vide order dated 21.06.2022.

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Learned counsel for the petitioner submitted that the petitioner was released on bail by this Court in BLAPL No.8389 of 2020 as per order dated 12.04.2021 but due to non-taking of steps on the date fixed, non-bailable warrant of arrest was issued against him and by virtue of which he was taken into custody since 16.06.2022. She further submits that the petitioner is ready and willing to cooperate with the learned trial Court for early disposal of the case.

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Learned counsel for the State opposed the prayer for bail.

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Considering the submissions made by the learned counsel for the respective parties, the fact that the petitioner was earlier on bail and taking into account the period of detention in judicial custody, I am of the opinion that it is a fit case for grant of bail to the petitioner.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper to ensure his presence during trial with further conditions that the petitioner shall appear

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before the trial Court on each date when the case would be posted for trial.

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Violation of any of the terms and conditions fixed shall entail cancellation of bail.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per Rules.

( S.K. Sahoo)

Judge

RKM

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Santosh Kumar Pradhan @ Likun @ Santosh Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Santosh Kumar Pradhan @ Likun @ Santosh Pradhan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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